Travel and Tourism Legislation: A Comprehensive Report

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Travel and Tourism Legislation and Ethics in Travel and Tourism Sector
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Table of Contents
Introduction......................................................................................................................................3
LO1: Task 1.....................................................................................................................................3
A. Legal and regulatory framework of English legal system with good explanation of the law
classification of Court system, and sources of law to regulate Travel and Tourism sector (AC
1.1)...............................................................................................................................................3
B. Role of respective regulatory bodies in Travel and tourism sector with good attention to
International Conventions for sea, surface and air transport sectors (AC 1.2)............................4
LO2: Task 2.....................................................................................................................................5
A. As a Safety and Health Office at Elegant Hotel, report to Mr. Fred on the effect of safety,
health and security legislation to be aware of (AC 2.1)..............................................................5
B. Report to Mr. Fred analysing Equality legislation in English legal system that has to aware
of while managing and recruiting employees of Hotel (AC 2.2)................................................6
LO3: Task 3.....................................................................................................................................7
A. Report on explaining general aspects of legislation by giving examples of Contract law
(AC 3.1).......................................................................................................................................7
1. Unfair Contract Terms Act 1977.........................................................................................7
2. Unfair Terms in Consumer Contract Regulation 1999........................................................7
3. Sale of Goods Act 1979.......................................................................................................7
4. Supply of Goods and Services Act 1982.............................................................................8
5. Consumer Rights Act 2015..................................................................................................8
B. Consumer protection legislation on package holidays that Tour operators has to consider for
avoiding criminal or civil liability to organise holidays for customers (AC 3.2)........................8
LO4: Task 4.....................................................................................................................................9
A. Analyse instances for ethical dilemmas corporation may face to deal with dilemmas (AC
4.1)...............................................................................................................................................9

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B. Corporate Social Responsibility for Corporate (AC 4.2)......................................................10
Conclusion.....................................................................................................................................11
References......................................................................................................................................12

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Introduction
Tourism legislation and law could be utilised in hospitality sector, which could develop security
and safety factors for service users and passengers. The use of right contract and equality is done
for service users and travel sector for decreasing chances for breach for the contract. For this
study, the diverse regulatory framework and legislation of UK is being discussed (Hon et al.
2016). In task 1, for working as a trainee in the Local law centre, a report is been asked to
suggest unhappy holiday clients for option of bringing court actions. In Task 2, a report would be
presented to Mr. Fred who is a hotel manager that will help to evaluate effect of security, health
and safety legislation. While in task 3, as the law centre, explanation of features on legislation
would be defined by providing examples of contract law. In case of task 4, a report is intended to
develop for the business that will deal with the issues for creating Holidays Homes in Caribbean
Islands.
LO1: Task 1
A. Legal and regulatory framework of English legal system with good explanation of the
law classification of Court system, and sources of law to regulate Travel and Tourism
sector (AC 1.1)
However, there is no such regulatory and legal structure in English legal system, but there is
ABTA Code for Conduct that constitutes issues associated to tourism like booking, assurance
announcement, etc. In terms of booking, it consists of procedures, like what actually happen
before booking, or how to create a booking in terms of travelling (Lord, 2016). These procedures
need to be implemented carefully, so that it could protect rights for customer in English tourism.
There are some association that offers plan regarding tourists who tend to be comfortable. Some
of these associations include ATOL (Air Travel Organisers' Licensing), HSE (Health and Safety
Executive), CAA (Civil Aviation Authority), and SRA (Strategic Rail Authority).
From the regulatory and legal framework, the carriers are liable for any kind of damage that is
caused to passengers, as per the WTO. For instance, there is ABTA, which includes procedures

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under Scotland, Wales and Britain. The purpose could be under the formulation to ensure that the
travel booking help to permit, as per the legislations. According to Appleby and Harrison (2017),
the aim is to regulate the offers, which are being provided to tourists by diverse firms that is
responsible for provision in terms of insurance, departure and booking facilities. Next, there is
the SRA that is assisted in case of managing laws and services under Transport Act, 2000. It is
also designed to facilitate strategies under the purposes of transport (Mendelson, 2017). There is
also the Safety and Health Commission that aims to derive the safety reimbursement to
employees and community working for the unhappy holiday clients for making a good
possibility of bringing court actions. It certainly makes occupier’s duty for maintaining premises
in an effective way to ensure employee safety (Faúndez, 2016). However, the employers are
anticipated to offer the equipments and hospitability environment to work for cleanliness
premise. In quest, there is ATOL (Air Travel Organiser’s Licensing) that works in maintaining
licenses, which is supported to service providers for managing holiday packages and offers.
Some of the laws that regulate the tourism include the Criminal law where legislative bodies will
support the unhappy holiday clients for maintaining a good court structure in tourism industry,
and that will support the society as well. It tends to focus mainly on protecting duties and rights
for the tour operators. In case, if the law is breached, there could be unfair conduct to be charged
and fined (Ezeah et al. 2015). Finally, there is Civil law that focuses to derive equality under
society for the tourists. To assist the unhappy holiday clients, this law could be done to regulate
key operations of contracts, which is entered into parties under tourism industry. It does offer
compensation in case of contract breach. However, the affected party has good right for
approaching courts in case of restoration of rights when they suffer breach.
B. Role of respective regulatory bodies in Travel and tourism sector with good attention to
International Conventions for sea, surface and air transport sectors (AC 1.2)
From the Athens Convention, it defined a carrier as the person that is included as a contract for a
cart with a carrier. From their Article 3, it says that there has to be liability for paying losses, and
if it occurs, this may result due to neglecting the carrier. It also lines up the person that is heavily
suffering from the loss must be established under carrier’s responsibility (Poduval et al. 2015).
From the case, it finds that to advice unhappy holiday clients on likelihood to bring court actions

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could be developed by accounting attention to conventions for sea surface, and the air transport
sectors.
Surface Law: The global Carriage for Passenger by the Road Act, 1979 governs, as intended by
surface law. This formulates passengers, which are being on board for the consent of carrier. The
remedy to this claim under the legislation could include the mental or substantial damages or
disorders for passengers travelling on the carrier (Dagilyte and Greenfields, 2015). There could
be also the loss of luggage that is governed by Railway Act, 1972.
Sea Law: From International Maritime Organisation that formulates by UN, it ensures safety and
security of shipping. It also helps to regulate those environmental factors included during the
ship functioning. SOLAS (International Convention for the Safety of life at Sea) tends to control
operation for fire hostility skill of the crewmembers, fire protection measures and the lifesaving
equipments (Jamal and Camargo, 2018). However, the Athens Convention of 1974 does govern
for damage that is suffered by passenger on a ferryboat or ship.
Air law: It includes Air Transport law where Warsaw Convention, 1929 define global carriage
associating documents for the carriage. Besides, there is the right for passengers to claim
recompense for the personal wound and death. However, the Five Freedom Agreement in 1944
includes regulation to fly across the province without landing for non-traffic reason, or putting
passenger’s cargo or mail (McCabe and Diekmann, 2015).
LO2: Task 2
A. As a Safety and Health Office at Elegant Hotel, report to Mr. Fred on the effect of
safety, health and security legislation to be aware of (AC 2.1)
For being the Health and Safety Officer in Elegant Hotel, the primary intention for legislator will
be to regulate development for tourism to include unified criteria for developing tourism in order
to decide rights and obligations of person included in tourism industry. To report to Mr. Fred, it
is imperative to analyse the effect for security and health legislation in tourism to be aware. This
sets on the liability for employees and employers for checking, if hazards are being reported or it
minimizes risk for the accidents (Ganglmair-Wooliscroft and Wooliscroft, 2016). It is being

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reported to Mr. Fred that the primary motive as the Health and Safety official at Elegant Hotel
would be to make a plan that is safe with free of any damage. However, the Health and Safety at
job tends to set the regulations with directives in order to make obligatory for the employers to
carry out duties towards members and employees in the community.
On following this, Safety and Health Commission keeps law under the review. The HSC in terms
of guidance should seek proper leadership to ascertain people be alert of legislations to obey
upon. There is also the Approved Codes of Practice (ACOP), which sees the code for risky
materials and the work practices when it is out of order, or leads to liability of employer on
ground of breach (Deonandan, 2015). To report to Mr. Fred, a failure on following ACOP is not
any offense but defense is required to govern. On following employer’s duties under the ACOP,
there is the regulation that Mr. Fred has to account for employer’s liability in Elegant Hotel.
Under HSC legislation, it is found that if organisation tends to employ 5 or more staffs, it has to
be observed that most of the firms tend to conduct training sessions and workshops, when
required in business (Lee, et al. 2017). Thus, the stage of training could include induction,
notices, demonstrations or advice.
B. Report to Mr. Fred analysing Equality legislation in English legal system that has to
aware of while managing and recruiting employees of Hotel (AC 2.2)
In terms of equality, it states that everyone must be treated equally. Under the British Legal
structure to manage and recruit employees of Elegant Hotel, it has to be reported to Mr. Fred that
if set of services could be provided, it would be differently to the people and the behaviour may
result in discrimination. From Equality Act, 2010, it does regulate equal treatment for employees
and citizens to simplify the law in order to estimate consistencies. From Sex bias Act, it protects
interest for women and men from the prejudice done on the ground of sex or he marriage when
concerned with harassment, education, training and employment (Turner, 2013).
For analysing Equality legislation, five legislations have to be reported to Mr. Fred on the
Elegant Hotel. First is Direct, which includes when another being as per standard of law is
treating a person unevenly. Indirect includes person’s group that is mistreated to provide from a
definite facility. Perceptive initiates from perception of application of the standards, whereby

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person may be distinguished to have or not have a separate character (Fennell, 2013).
Harassment includes when person falls victim of explicit denial whereas disability is the stage
when the person is discriminated to possess dysfunctional body, which cannot be set by the
regular treatments. Thus, to serve discriminate people on Employment Tribunal, it has to be set
on the claims like the retention and compensation for managing and recruiting workers of the
Hotel.
LO3: Task 3
A. Report on explaining general aspects of legislation by giving examples of Contract law
(AC 3.1)
1. Unfair Contract Terms Act 1977
This is the Act of Parliament by the UK for regulating agreements through confining legality and
operations of some contract terms. This particular Act is associated to opening of agreement and
negligence on other opening of duty (Legislation.gov.uk, 2019). The Act is applicable to all
forms of contracts and one of the most important functions of the Act is to limit the applicability
of repudiations of obligation (Legislation.gov.uk, 2019). This Act is mainly used in conjunction
with Unfair Terms in Consumer Contracts Regulations 1999, Sale of Goods Act 1979 and
Supply of Goods and Services Act 1982.
2. Unfair Terms in Consumer Contract Regulation 1999
This is the UK Statutory Instrument responsible for implementing Unfair Consumer Contract
Terms into domestic laws. However, the scope of the directive is quite limited within the efforts
of harmonising the basic consumer rights across the EU (Legislation.gov.uk, 2019). The
regulation overlaps in many terms with the Act of Unfair Contract Terms of 1977. However,
according to Which? Consumer Rights (2019), the effects of terms being unfair and explanation
of the concept of ‘unfair’ is subjected to well-defined considerations.
3. Sale of Goods Act 1979
This is the Act for regulation of the UK Commercial Law and English Contract Law with regard
to the properties that are sold and bought (Selachii, 2019). This Act in reality consolidated

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original Sale of Goods Act 1893 as well as the subsequent legislations for codifying and
consolidating the laws (Consumer Rights, 2019). The Sale of Goods Act 1979 is applicable on
the contracts in case of which, property in ‘goods’ are transferred or agreed for being transferred
for monetary considerations. However, this specific Act has been replaced by the Consumer
Rights Act. This Act is composed of the parts of Formation of Contracts, Formalities, Subject
matters, the Price and associated conditions and warranties (Lawteacher.net, 2019).
4. Supply of Goods and Services Act 1982
The Supply of Goods and Services Act 1982 need traders to offer services to proper average of
work application. This Act was, to some extent, superseded by Consumer Rights Act 2015,
applied between the consumers and traders. This Act is applied to relevant contracts in case of
transfer of belongings, where specific individual agrees to transfer stuff in goods. However, this
Act is not applied to any ‘excepted contract’ involving sales of goods and hiring Purchase
Agreements (Consumer Rights, 2019).
5. Consumer Rights Act 2015
This Act shows by UK Parliament consolidates all existing legislation of consumer protection
law along with providing the consumers with number of remedies and new rights. The Consumer
Rights Act 2015 protects the consumers from unfair practices and resists aggressive, misleading
and unfair sales tactics (Citizensadvice.org.uk, 2019). This Act gives the consumers right while
buying goods and services of digital products. According to this right, all the products will be of
satisfactory quality and must not be damaged or faulty. Therefore, this Act has taken into
consideration the aspects of quality and standardisation of the goods.
B. Consumer protection legislation on package holidays that Tour operators has to
consider for avoiding criminal or civil liability to organise holidays for customers (AC 3.2)
The main aim of customer safeguarding legislation is to protect interests and rights of the
customers from being despoiled by the travel and tourism companies. One such effective
legislation is the Trade Description Act, 1968. This Act is important for exclusion of deceptive
and incorrect indicators of price of belongings, lodging, and services. This legislation directs the

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Trading Standard Officers regarding their responsibilities. The Act is aimed at checking false
trade descriptions and misleading information on cost and places.
There are the Consumer Protection Act, 1987, laying down truths of customers and duty of
providing party. The manufacturers have legal responsibility for mentioning the relevant
information regarding the associated health and safety laws (Greenwood and Dwyer, 2015). This
Act makes provisions for issues like unfair business practices, fraud and product liabilities. This
legislation is helpful in abolishment of supply of sub-standard goods, product liability, legal
authorities and prohibition of unlawful price indication.
According to Estol and Font (2016), the legislation of Unfair Trading Regulations 2008
provides protection to the consumers in following contexts.
Maintenance of authenticity of service and price charges
Ensuring security of the payments made via cards
Fair disclosure of all the price involved in entire tourist package
Ensuring availability of material information like swimming pools, route preferences,
food and lodging (Mossaz and Coghlan, 2017)
On the other hand, the legislation of Package Travel Regulations 1992 has assured making all the
necessary arrangements for providing minimum standard requirements of travellers and tourists.
Therefore, due to the force of all these legislations, the clients in travel and tourism industry are
protected from wide range of threats from insecurity aspects.
LO4: Task 4
A. Analyse instances for ethical dilemmas corporation may face to deal with dilemmas (AC
4.1).
The main aim of the hospitality industry has been to provide ethical experience and ethical
dilemma free tourism experience. This involves consistent interaction between tour providers
and operators. In the tourism industry, one of the most common ethical dilemmas faced is
regarding ensuring environmental protection and safeguarding natural resources (Mossaz and

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Coghlan, 2017). This is very important to take into consideration the factor that enjoyment in
tourism is not separated from the issues of maintaining higher degree of environmental
sustainability (Hindley and Font, 2017). Apart from this, while organizing a tour, development
of the Holiday Home plays an important role in attracting the right channel of people to the
business.
This has often being one of the most important incidents that the tourists do not take care of the
aspects of maintaining environmental resources in proper ways. In case of Caribbean Island, this
is regarded as an ethical dilemma that if in the name of tourism and travel, the travellers will
interact with the natural resources and this will create ethical restrictions in terms of legal
applications. .
Apart from this, as stated by Estol and Font (2016), travelling overseas is associated to
exploitation and discrimination based on colour of skin and heritage values. Apart from this,
difference in language essentially creates communication barriers between the citizens and
tourists in Caribbean Island. Therefore, barriers in language and cultural aspects have become
one highly significant issue of ethical dilemma for the tourist sector and travelling organizations.
In this connection, this is important to note that all these are the specific factors that have
considerable responsibilities for natural resource, environmental protection and cultural factor
addressing associated factors. In different cultures and traditions, there are different barriers and
values regarding specific gestures and operational activities related to tourism (Greenwood and
Dwyer, 2015). Therefore, for merely enjoying a place or the natural beauty, defying those
traditions gives rise to considerable ethical dilemmas.
For dealing with these dilemmas, this is very important to achieve effective knowledge regarding
the real significance and importance of different cultural values, traditions, beliefs and
environmental protections. The dilemmas need to be ensured with regard to safety of the tourists
as well as citizens. Different appropriate approaches will be adopted by the tourism sector for
dealing with these ethical dilemmas (Mossaz and Coghlan, 2017). Moreover, adoption of the
eco-tourism approach would be one of the most effective steps.
B. Corporate Social Responsibility for Corporate (AC 4.2)

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The core aim of corporate social responsibility has been to include government practices for
social benefits and businesses. The travel and tourism sector is required to include steps and
operational activities for providing benefits to social welfare and these sorts of activities are
considered as corporate social responsibility (Hindley and Font, 2017).
Under the operations by the organization that is making Holiday Homes, sustainable
development of tourism industry has been the focus based on which, the organization is aimed at
attaining competitive goals. This is the reason why, the British Airways is aimed at developing
holiday homes in Caribbean Island for global customers (Hindley and Font, 2017). This is very
important to note that through the fund-raising event, the organization is aimed at ensuring
maintenance of their CSR aspects. In case of maintaining environmental sustainability the
airlines has emphasised on reduction of ethical violations and waste generation from the end of
consumers by offering other services by adopting renewable resources and recycling of the
discharged resources. This aviation organization has adopted maximum eco-friendly approach of
operations along with processing 40% waste for maximisation of the service efficiency
(Greenwood and Dwyer, 2015). Therefore, this specific approach will be helpful for the
Caribbean Island Holiday Home makers to ensure high degree of ethical dilemma in the business
by maintaining eco-friendly approach of operational activities in the business.
Conclusion
Therefore, it can be concluded that in case of travel sector in UK it is evident that laws and
legislations are a vital concern. The applied laws and limitations are controlling the activities of
the individuals associated with the tourism businesses. The ethical concern can be maintained
through the application of proper laws and frameworks. In this regard, the outcomes of the
findings have justified the applications of legislations in the UK tourism context. Apart from all,
these, one of the most notable approaches adopted by the Holiday Homes developing
organization are to arrange for training and education of its employees. This has been a highly
positive step towards maintaining corporate social responsibility of the organization. Therefore,
ethical dilemma, legislations and rules are important parts of tourism and travel sector.