UNIT 8 LEGISLATION AND ETHICS IN THE TRAVEL AND TOURISM SECTOR

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UNIT 8 LEGISLATION AND ETHICS IN THE TRAVEL AND
TOURISM SECTOR
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Table of Contents
Introduction......................................................................................................................................3
Task 1...............................................................................................................................................3
1.1. Regulatory framework and legal framework in travel and tourism sector...........................3
1.2. Discussion on sea laws, air transport laws and surface laws................................................4
M1: Identity as well as apply the strategies to find a proper solution.........................................5
Task 2...............................................................................................................................................5
2.1 Evaluation regarding influence of legislation for health, safety as well as security upon
travel as well as tourism sector....................................................................................................5
2.2 Analysis regarding legislation that has been associated with equality..................................7
M2 Selection and application of the techniques..........................................................................9
M3: Presentation of those proper findings and communication on those findings......................9
D1 Evaluation of the work by using critical reflection................................................................9
Task 3:...........................................................................................................................................9
3.1. Contract legislation related to travel and tourism customers................................................9
3.2. Legislation related to customer protection in travel and tourism sector.............................10
M2: Design and application of the techniques...........................................................................10
D2: Managing as well as organizing the activities...................................................................11
Task 4:...........................................................................................................................................11
4.1. Analysis of the ethical dilemmas the travel and tourism sector faced................................11
4.2. Analysis of the CSR policies of a specific travel and tourism business.............................12
M3: Presentation of findings and communication on those findings.........................................13
Conclusion.....................................................................................................................................13
Reference List................................................................................................................................16
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Introduction
In the tourism and travel sector, legislation, as well as ethics, plays the most important role. It is
related to various forms of regulations based on the activities to be carried out within that sector.
Every legislation policies of UK follow equality act in order to provide appropriate opportunities
to all the individuals. The tourism industry must need to provide health, security and safety
legislation to maintain a safe environment within the sector. This study explains the regulatory
framework as well as legal frameworks in tourism as well as the travel sector. In addition to that,
sea laws, air transport laws, surface laws are to be discussed. A brief discussion is to be made
based on the legislation related to customer protection. CSR policies and ethical dilemmas are to
be analyzed here. The role of the regulations related to tourism as well as the travel sector is to
ensure that the employees are protected in right manner and all the safety measures are
considered for the ongoing business.
Task 1
1.1. Regulatory framework and legal framework in travel and tourism sector
The travel and tourism organizations need to follow existing legislation in the UK in order to
deal with customer issues and avoid unsatisfied holiday deals. The followings the most important
tourism related law which should be considered by travel organizations:
Tourism Act 1969 - The main purpose of this act is to provide financial assistance to the hotel
organizations about provision for new hotels, improvement of hotel facility, establishing proper
sleeping accommodation and so on. The tourism boards of England and British Tourist authority
is liable to follow this act to improve customer service in this industry (Legislation.gov.uk,
2019).
Trade Description Act 1968 - This act aims to reduce customer suffering from misleading
description by tourism organizations. The Act imposes penalties to the organizations when false
statements are made to customers. Therefore, it prevents the tour operators to mislead their
customers and helps to achieve happy holiday clients.
Consumer Protection Act 1987 - This act particularly focuses on preventing tour operators from
false price information. The customer can take help from Consumer Protection Act if they have
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to pay higher prices than actual price set. Fines and penalties can be imposed based on the
situations (Lawteacher.net, 2019).
Consumer Protection from Unfair Trade Regulation 2008 - The act came in to force in May
2008 in order to protect holiday clients from unfair, misleading and aggressive marketing
practices. That means any type of unfair commercial practices such as unfair advertisement and
marketing related tour facilities is prohibited by this regulation.
Package travel and tour regulation 1992 - This act maintains the responsibility of tour operators
regarding transport, accommodation, and other tourism services. It ensures that customer knows
exactly what they getting from a particular holiday package.
1.2. Discussion on sea laws, air transport laws and surface laws
Apart from the customer service related legislation, there are some other laws which can
influence travel business. Based on the transporting facility of tour organization the following
law should be considered:
Sea Law - The United Nations has formulated the International Maritime Organization to ensure
safety and security of passenger transport through the sea. The International Convention for Safe
life at Sea or SOLAS emphasizes the environmental factors regarding the functioning of ships
(Brondoni, 2017). The damages suffered by travellers during sea transport are maintained by the
Athens Convention 1974.
Air Transport law - A huge amount of transportation of travellers are conducted with flight
services for which legislation related to this sector is important. The Warsaw Convention 1929
describes the regulations, rules regarding documentation of carriage. it enforces passenger rights
to claim compensation due to any injury during air transport. The Five Freedom Agreement of
1944 should be taken into account by tour operators which involve the rules for flying across
territory without landing.
Surface law - The Road Act 1979 mainly deals with the surface law which aims to increase
passenger security during road transport (Harris, 2016). Loss of luggage, damage of passengers,
health issues during travelling is maintained by this low. The Railway Act 1972 deals with the
security of passengers and their goods during rail transport.
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Figure 1: Transport related law in tourism
(Source: Self-developed)
M1: Applying the strategies to find a proper solution
The UK government has introduced various strategies and establishes different commission and
authorities to deal with tourism-related law. For instance- the International Air transport
association (IATA), Civil Aviation Authority (CAA), Health and Safety Commission (HSC) are
responsible for handling customer service and fair trade practices in tourism industry. IATA and
CAA aim to establish standards and policies such as Air Law conventions to ensure sustainable
air transport (Lawteacher.net, 2019). The government also introduced some strategies to provide
proper solutions to travellers during any misguide such as:
 Developing tourism industry in a regulated way.
 Establish standard procedures
 Establish rights to obligate by customers.
Task 2
2.1 Report on influence of legislation for health, safety as well as security upon travel as
well as tourism sector
To Mr. Fred, Hotel Director
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Subject: A report with reference to the impacts of health, security and safety legislation in
Elegant Hotel
All the tourism, as well as travel sectors of UK, follow the principles associated with health,
safety and security legislation. As stated by Harris (2016), while carrying out different types of
operation in tourism as well as travel industry, these legislations are considered positively.
Further, while conducting the operations related to the business, Elegant Hotel must ensure all
the safety and security measures in best possible manner in order to run the business practices in
accordance with the interests of the travellers. The main duty of every tourism, as well as travel
industry, is to provide security and safety facilities so that the employees can prevent themselves
from accidents and harms. According to Mathew and Sreejesh (2017), the health, security and
safety laws can support Elegant hotel for identifying accidents and hazards and how these issues
can be avoided in best possible manner. That is why these laws are considered as highly crucial
for Elegant Hotel (Eleganthotel.am, 2019).
As said by Brondoni (2017), the basic responsibility of Elegant hotel is to maintain safe
environment and to determine range of hazards that might occur in future within the workplace,
while, in addition to that, the necessary actions to be carried out in order to reduce the adverse
impact of those hazards in the best possible way. HSWA 1974 states about the key
responsibilities of the employers to maintain safe and healthy environment within the workplace.
As an example, if the employees are not getting fair environment in their workplace that is in
Elegant Hotel, it tends to the negative impact on the business. As said by Cloquet et al. (2018),
the main role of an employer is to provide customer safety for any kind of injury within the
sector. By determining the obligations and rights of tourists, the legislators regulate the tourism
sector development. Some vital legislation inside Elegant Hotel is as follows:
Guideline: As opined by Mathew and Sreejesh (2017), guidelines are introduced in Elegant
hotel in safety and health regulations to find out whether the sector is aware of the laws of health,
security, and safety or not. This guideline assists Elegant Hotel to make sure about the operations
are occurring correctly (Eleganthotel.am, 2019).
Health and Safety at Work (HSWA 1974): This law states to approve a code of practice in
Elegant Hotel while offering services of the tour operator in the target market. This regulation is
required so that the employees of Elegant Hotel can be benefitted to reduce the risks of injuries
and accidents. As opined by Harris (2016), this regulation also states that when Elegant Hotel
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will hire new candidates, the responsibility of the employers would be to highlight health,
security and safety measures that would be required within the workplace. Some guidance and
training would be required to enhance the abilities and skills of the employees. They should
know about the proper usage of the Hotel instruments. In addition to that, it should be considered
to keep proper arrangement of first aid kit, light, fire and safety and many more (eleganthotel.am,
2019).
Data Protection Act 1988 - This law states that Elegant Hotel should keep the records of the
travellers and their personal information should not be disclosed with someone else.
2.2 Analysis regarding legislation that has been associated with equality
To Mr. Fred, Hotel Director
Subject: A report in reference to the equality legislation
Providing fair opportunities and maintaining the equality legislation for all the staffs within the
workplace of Elegant Hotel is considered as highly important. As stated by Cloquet et al. (2018),
legislation of tourism industry such as Elegant Hotel commands the service providers to treat
every employee equally and provide the permission of the services irrespective of their gender,
age, and disabilities. If Elegant Hotel fails to treat the employees in a fair manner then the
ultimate performance of the company would be declined and it will lead to unethical act.
Equality Act of 2010 emphasizes employees' equality and treating citizens without making any
kind of discrimination. Here are some kinds of discrimination:
Direct: It is described as when an employee of Elegant Hotel treated differently from other
employees.
Indirect: When a certain number of employees of Elegant Hotel are deprived of some facilities
that condition is referred to as indirect discrimination (Eleganthotel.am, 2019).
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Figure 1: Discrimination
(Source: Brondoni, 2017)
Disability: Disability discriminations are referred to when a disabled individual is deprived of
some services.
Harassment: As said by Brondoni (2017), harassment is a kind of discrimination and it is referred
to when an employee faces explicit denial or unwanted behaviour.
Elegant Hotel ensures that both female and male employees, who are working on the same
position, utilize equal opportunities and facilities. Government of UK introduced some equality
acts such as Race Relation Act 1976, Sex Discrimination Act 1975, Equality Act 2004,
Equality Regulations 2003 and many more.
Race Relation Act 1976, prevents victimization in Elegant Hotel based on nationality, race,
national origin, and ethnicity.
As opined by Harris (2016), Sex Discrimination Act 1975 protects the employees of Elegant
Hotel from victimization in the field of marriage and sex for both women and men concerned
with education, training, employment, and harassment.
It can be stated that during the recruitment, management of human resource equality legislation
plays an important role for Elegant Hotel (Eleganthotel.am, 2019).
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DirectIndirectDisabilityHarassment

M2 Selection and application of the techniques
Elegant Hotel has selected and applied some laws such as HSWA 1974, Data Protection Act
1988, Race Relation Act 1976, Sex Discrimination Act 1975, Equality Act 2004 and Equality
Regulations 2003.
M3: Presentation of those proper findings and communication on those findings
As discussed above the health and security law reduces the possibility of injuries and accidents.
It helps to maintain safe environment in Elegant Hotel. As opined by Mathew and Sreejesh
(2017), act of equality maintains that all the employees are getting same opportunities and
facilities within the workforce of Elegant Hotel. Act for protecting the data keeps the records of
the travellers and keeps it undisclosed. Act of race relation and sex discrimination protects
employees from victimization.
D1 Evaluation of the work by using critical reflection
Legislations are used inside the Elegant Hotel to maintain safety and security measures in the
best possible manner in order to run the business practices in accordance with the interests of the
travellers. The hotel must ensure that the employees are not victimized in any aspect and all the
operations are conducted in a positive manner.
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Task 3
3.1. Contract legislation related to travel and tourism customers
A contract can be defined as the legal relationship between two parties for the exchange of good
and services. Regarding any type of holiday packages tour operators and customer signs a
contract which provides detail of service facilities and payments. The contract legislation in the
UK include the following law and regulations
i) The Unfair Contract Terms Act 1977 - This act prevents the tour operators to offer any unfair
contract such as higher service charges than the actual. It aims to limit branch of duty by the
contractor (Legislation.gov.uk, 2019).
ii) Unfair Terms in Consumer Contract Regulation 1999: This act limits changing the service
facilities after signing the contract. That means it ensures the customer gets everything which is
offered in the holiday package.
iii) Sale of Goods Act 1979 - This act requires good and services provided to customers are well
described and ensure satisfactory quality. This act is later replaced by the Consumer Rights Act
in 2015 which provides the right to the travellers to claim refund of service facility whenever
unsatisfied tour service is provided.
iv) Supply of Goods and Services Act 1982 - This act ensures delivery of right services to meet
the expectation of customers. In the tourism industry, this contract action can be used to deliver
high-quality hospitality service to customers.
v) The - The consumer rights act includes the rules and standards related to sales and supply of
goods and services (Legislation.gov.uk, 2019). It enables the tour operators to provide correct
tourism service which is said in the contract. It allows the customer claim compensation or
refunds for any unsatisfied service.
3.2. Legislation related to customer protection in travel and tourism sector
Protection of customers regarding their rights and interest is critical in tourism industry to
achieve customer satisfaction and build an effective relationship. The Consumer Protection Act
1987 mainly enforces the rights of customers and the duty of service providers. For instance- a
travel organization is liable to consider the health and safety of customer during a holiday. It
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prevents unfair business practices and frauds while purchasing holiday service from tour
operators. The Trade Description Act 1968 is also associated with consumer protection.
Greenwood and Dwyer (2015) commented it protects customers from any misleading
information related to holiday packages. It may include unfair prices, hidden charges after
purchasing a package and other false information.
M2: Design and application of the techniques
The above contract law and consumer protection law can be effectively followed when tour
operator applies proper techniques to provide tourism services. During the sale of any holiday
package the tour operator should consider the following steps:
Offer - A statement should be clearly provided to customers about the package
offered during the contract.
Acceptance - When information is clarified to the customers, they can accept the offer.
Consideratio
n
- To complement the acceptance, considering terms and condition from the tour
operator needs to be understood by customers.
Certainty - It will ensure the capability of both parties to enter into a legal contract.
Table 1: Design and application of the techniques
(Source: Created by the author)
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D2: Managing as well as organizing the activities
In order to manage and organize the contract related activities the following steps should be
considered:
 A signed agreement from both the customer and the travel agent.
 Detailed information in the holiday brochure, website and advertisements.
 Consumer regulations must be maintained.
 Personal preference of each customer should be entertained.
 Authenticity of service charges
 Ethical and legal aspects should be taken into account for a successful contract.
Task 4
4.1. Analysis of the ethical dilemmas the travel and tourism sector faced
The tourism industry is a large and complex industry which involves various activities such as
hospitality management, transport management, logistics and employment and so on. While
developing holiday packages for the Caribbean Islands the various ethical dilemmas can be
noticed. According to Greenwood and Dwyer (2015), the most common areas of ethical
dilemmas in the tourism industry are corruption, gender and racial discrimination, harming
natural resources and unhealthy foods. Corruption is common in the travel industry and many
tour operators mislead their customer will false information regarding service charge and facility.
The organization which is planning to introduce holiday packages to Caribbean Islands should
follow the related acts such as Trade Description act to avoid misleads. Many of the tourism
organization don't promote gender equality at the workplace. Travel companies may need to deal
with travels from various cultures and religion. Maintaining equality and promoting cultural
diversity within the organization must be followed. Another ethical dilemma that is important in
the tourism industry is making harm to the environment. The tourism organization which travels
through the sea often ignores environmental protection and produces water pollution. Food
Quality and Hygiene must be maintained which comes under the ethical dilemma of tour
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