An Analysis of Legislation and Ethics within Travel and Tourism

This report delves into the critical aspects of legislation and ethics within the travel and tourism sector. It examines the legal and regulatory frameworks, including organizations like ABTA, HSE, and IATA, and their impact on consumer protection and safety. The report analyzes various scenarios, such as those involving air and sea transport, highlighting relevant legislation like the Carriage of Goods by Sea Act and the Air and Road Act. It also addresses health and safety regulations, the Occupier Liability Act, and the Health and Safety at Work Act, emphasizing the responsibilities of businesses in providing safe and ethical services. Furthermore, it touches upon the significance of equality and non-discrimination in the industry. The report uses case studies to illustrate the practical application of these laws and regulations, offering a comprehensive overview of the legal and ethical considerations essential for success in the travel and tourism industry.

Legislation and Ethics in
Travel and Tourism

TABLE OF CONTENT
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
A).................................................................................................................................................3
B).................................................................................................................................................4
TASK 2............................................................................................................................................1
A).................................................................................................................................................1
B).................................................................................................................................................2
TASK 3............................................................................................................................................3
A).................................................................................................................................................3
B).................................................................................................................................................5
TASK 4............................................................................................................................................7
A).................................................................................................................................................7
B).................................................................................................................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Legislation and ethics is directly associated with the laws and regulations that governs the
entire travel and tourism sector and it is necessarily required for businesses to comply with the
guidelines being introduced by government. Further, this entire sector is indulged into practices
of delivering different type of services to the target market and due to this reason it has become
must to comply with the guidelines developed by government. Legislations have been framed in
different areas which involves health and safety, air and transport law, ethics in travel and
tourism sector etc., (Aksoy, 2005). In short, all the range of laws present is linked with the
success and growth of the sector where businesses are working in favour of customers. Main
focus is on protecting their right and duties for the welfare of overall society. It is the moral
responsibility of every business to offer right services to the target market as per their
expectations and no such activity must be carried out which can exploit customers. The present
study being carried out is based on the concept of legislation and ethics in travel and tourism.
Further, the report is based on different scenarios and covers large number of tasks such as use
and application of transport laws, legal and regulatory framework etc.
TASK 1
A)
In addition to this, it can be said that for given scenario's there are few common
frameworks which are being employed. Classification of regulatory structure can be as
Association of British Travel Agents, Health and Safety Executives an International Air
Transport Association. ABTA is the travel regulatory framework of UK travel trade association
that consists of different tour operators and travel agents. It has been noticed that key purpose of
the regulate body is to better choice and quality packages. It also focuses significantly on the
standards' improvement so that better safety can be provided to the customers (Beggs and Dean,
2007). It provides a better protection to overall study and ensure that goals and objectives are
being accomplished effectively. Moreover, the health and safety executives is also a significant
authority that assist in improving the overall standards. HSE is considered as non departmental
body of UK that focuses on ensuring about key standards. However, the regulatory body renders
huge efforts to safeguard the interest of their employees and employers that are directly linked
with the organization.

Along with this, it can be said that international air transportation authority also make
sure that policies and standards which are being set out for industry betterment. It is an
association that have formation of standards which improve the services in context to airline
sector. It also focuses on baggage and other policies in order to ensure about the work standards
effectively.
In case study of Mr and Mrs Jones they are focused towards tour to Portugal and they are
travelling from flight. It means the standards and policies of International Air Transport
Association are being employed. If baggage policies and other norms are not being followed
effectively then issue might be occurred which influences the overall outcome. Along with this,
Standards of HSE is also being applied effectively so that health and safety measures can be
promoted in appropriate manner. In addition to this, it can be said that overall outcome might be
affected effectively if holiday services are not according to standards of Association of British
Travel Agents. Moreover, the consumer protection through unfair trading regulation is also
critical aspect which need to be consider (Bredeson, 2010). According to this, proper protection
can be offered to customers in order to make sure about objectives. Better protection is being
promote in context to harassment so that goals and objectives can be accomplished effectively.
On the other side, in case study of Betty and Steve it has been noticed that they are on the
holiday of Caribbean resort. In addition to this, it can be said that Betty and Steve are more
focused towards food and beverage services. It means it is significant for businesses to focus on
the HSE standards. It helps in promoting the health and safety aspects so that customer feel
valuable. Along with this, legislation in regard to package travel and tour regulation 1992 is also
needed to be followed. If such kind of standards are not well followed then critical issue might
be occurred. Brochure” means any brochure in which packages are offered for sale. It means
such kind of standard must be followed effectively for sustainable development.
B)
It has been noticed that travel and tourism sector significance is greatly dependent upon
transportation. If transportation facilities are not properly designed according to regulatory
framework so that goals and objectives can be accomplished effectively. In addition to this, it can
be said that UK government has introduced number of laws and regulation so that key standards
can be promoted effectively (Cuevas, 2011). It has been noticed that surface, sea and air transport
legislation values are also needed to be considered effectively for sustainable development. The

laws and regulation mainly concentrates on protecting the customers from unethical practices
while purchasing the travel and tourism services.
In addition to this, it can be said that Sea Transport Legislation is one of critical aspect
which focuses on transportation facilities which are offered by travel organisations. It has been
noticed that activities which are project in regard to oversea transportation are covered under act
of international carriage. One of key essential standard is structured under Territorial Sea Act
1987. By having effective application of Carriage of Goods by Sea Act 1992 the transportation
facilities can be improved (Ferrell and Fraedrich, 2014). However, according to standards the
travellers can only carry limited range of goods while travelling through ship. On the other side,
the surface transportation is covered under the legislation of Association of British Travel
Agents. Along with this, the Road and Air Act 1979 also need to be referred effectively for
sustainable development.
As per the detailed study, it can be said that surface act and International Air Transport
Association legislation are being employed in the case of Mr and Mrs Jones. One of the main
duty is to deliver support to the party who have provided claim in relation with carriage. It
safeguards interest of the passengers without pay. Operations of all the business enterprise under
air transport are regulated by Authority of civil aviation. Further, the body is based on the
provisions of air and road act 1979 (Hedayat, Shooshtarizadeh and Raza, 2006). It means for
sustainable development of tourism activities such kind of activities under legislation policies
need to be promoted effectively. On the other side, the Territorial Sea Act 1987 and Carriage of
Goods by Sea Act 1992 is being considered for the case of Betty and Steve. The main
responsibility is to impose liability on the carrier for damages due to which customers have been
adversely influences while travelling through sea transport medium. If Betty and Steve are
suffered from damages due to this facility. So, sea transport authorities are required to provide
damages to the party who has suffered loss.

TASK 2
A)
Health and safety at workplace is a major issue in UK for each and every sector.
Significance of such health and safety practices help various organisations to maintain a high
level; of satisfaction among consumers, and employees as well. In this regard, the government of
UK has enacted many laws that makes it essential to practices all legislations that helps in
maintaining required health and safety measures (Jamal and Robinson, 2009). Further, it is
crucial to mention that both employer and employees are accountable to take all steps that can
help in maintaining the environment art workplace healthy and secure. This require employers to
arrange for all such measures that can make the workplace hazard free. With respect to travel and
tourism sector, it is necessary for all companies that are related with this industry to ensure
healthy and safe environment at all accommodation places as well as in travel facilities.
The health and safety regulation act, 1974 is a law made by UK government which is
constructed to have a deeper look into matters related to health and safety at workplace. This act
makes it mandatory for various companies to maintain requisite amount of care so that any
unwanted situation can be handled properly. In this relation, government also use to construct a
survey to check the current situation of such companies that are providing accommodations at
their hotels, resorts etc. to tourists (Shaman, Lubet and Alfini, 2000). As per the given case, it is
apparent that the resort booked by Betty and Steve at Caribbean was responsible to provide all
promised amenities with good quality of food along with a room having sea view. But all these
facilities were not provided by resort and the environment was also not good as room was not
clean as well as had noisy building. Thus, they checked out from hotel and it makes the resort
faulty under principle of promissory estoppal. Likewise, some of the relevant acts in such
situations are:
 Occupier liability act, 1957 and1984: This law states that for any of the wrongful conduct
which caused any injury or un-comfort to consumer, the liability for all such misconduct
will be of owner of that property or any person who was the in-charge at that time where
this happened. Here, the manager of resort is liable for all problems faced by Betty and
Steve at resort (Taylor, 2004). Besides this, the occupier liability act of 1957 also

includes this thing where an element of liability rises in case the occupier of property
fails to maintain proper duty of care.
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 Health and safety at work act, 1974: This act provides that all companies are required to
maintain requisite amount of safety at workplace through proper measures. For instance,
there can be possibility of catching fire at any accommodation places or resorts from their
kitchen (Zsolnai, 2011). This makes it essential for manager to keep arrangements so that
any adverse conditions can be met at workplace. Besides this, it is also crucial to keep the
environment of workplace hygienic and free from any dust or other kind of dirty
environment. Thus, this act is helpful in maintaining high standard of quality and safety
at workplace which is directly beneficial for customers.
The mentioned laws have been made by government so that quality can be maintained in
services delivered by firms that are engaged in travel and tourism industry. Besides this, it also
helps in protecting tourists from any kind of frauds or other such issues by using their rights
(Banerjee, 2007). On other hand, it is also evident that the for implementing these laws is not
easy for companies. They have to take aid of many professional and legal experts. Moreover, for
applying these laws, costs can also be heavy as firms have to conduct trainings as well to make
employees competent for maintaining all necessary practices.
B)
The equality is a term that refers treating equally to all persons regardless of their sex,
race, colour, ethnicity disability etc. In this context, government has made some laws that helps
individuals to protect their rights and have equal status in society. In case of travel and tourism
sector, the application of such laws is necessary so that no employees at workplace or any guest
or tourist cannot be discriminated on any unfair basis (Bowie, 2013). Hereby, the law attempts to
abolish all system of discrimination so that every employee at workplace can work without any
issue. In UK, various laws have been imposed by the legislation that covers whole country and
all sectors equally and bound different types of industries to apply equality laws at their
workplace. In this regard, such laws that acts as a guideline to maintain equity are as follows:
 Equality act, 2010: This single act covers various acts made previously to protect people
from any type of discrimination. The equality act, 2010 provides a legal cover to
individuals so that no discrimination can be exercised against him/ her at workplace or in
society (Dwyer and Forsyth, 2006). As per this law, it furnishes assorted guidelines that
explains different rules mentioned separately in equal pay act, discrimination act,
disability act etc. In present scenario, it is essential for manager of resort to impose this
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law so that employees cannot face discrimination on any basis. Further, tourists coming
to resorts or hotels should also be treated equally and should not be given unfair
treatment on the basis of their background, ethnicity, race etc.
 Protected characteristics: The protected characteristics define nine characteristics on
which discrimination can be based at workplace or society. They are age, disability,
gender, civil partnership, pregnancy, race, religion, gender transition and sexual
orientation (George, 2007). Thus, this law has framed its policies in broader sense with
wider definition of discrimination on different basis so that more protection can be given
to individuals on different basis. Further, it lays down laws regarding personal
characteristics and define various behaviour that are unlawful in the eyes of government.
TASK 3
A)
Contracts play an important role in depicting the legitimate structure of each and every
business where it is hereby referred to be a judicial agreement among the parties who are
mutually accepting its accordant norms and standards. There exists varied duties and obligations
that are enforceable by law and are thus required to be performed by both the parties who are
referring to get into such contractual agreements. It is therefore with a mandate consent of law
where a rising growth of travel and tourism is together influenced by such necessary means in
their business (Holden, 2000). In context to which, contracts hereby tends to make a huge
contribution in stipulating the relationship of the tour and travel (T&T) companies with their
respective set of clients where they both are vigilant about their conjugated legal formalities.
Beside this, the T&T venture hereby gets bound to serve as per the expressed terms of their
contract and on whose violation, the travellers have full rights of suing them for not fulfilling the
explicated standards. Apart from this, the travel entities are together required to make a prompt
communication with their clients in order to acknowledge them the stipulated terms of the
contract where they should carry a vigilant outlook towards it. This is basically with reference to
adhere by the contractual elements where there exits total five such vital constituents to get into
an agreement, that are as mentioned below-
1. Offer- It is the foremost element of a legal contract as enacted in the year 1950 where an
individual as an offerer tends to present an offering to another party called as a mean of
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accepting the proposed offer. It however depends upon the need base concern of the
offerer to make a direct or indirect set of proposal. On relating it to the two conferred
scenarios, the travel companies has played the role of offerer over here.
2. Acceptance- It is yet another substantial norm in which, the travellers are the accepting
bodies who are agreeing by the stipulated standards of the offer made by the offerer and
are accepting the same within a given amount of time. In both above bestowed case
scripts, the travellers have gone through the advertised clauses of their respective T&T
companies.
3. Consideration- It is yet another significant mean that gives a value to the agreed set of
contract among the parties (Pattinson, 2006). It is basically with reference to the above
two cases, in which the payment made by the travellers as a mean of touring fees or
package price is defined as consideration over here.
4. Capacity- It is yet another foremost concern in which, both the above reflected parties
much possess a competent outlook to get into a contractual term as handling minor and
other impotent parties has distinct legal norms and standards.
5. Certainty- It is referred to the clarity of the agreed contract among both the parties where
each one of them should carry a vigilant outlook towards the stipulated rules and
regulations of their agreed contracts to avoid any breach of it.
Contracts in the sector of travel and tourism plays a crucial role where they are hereby
divided in total three distinct parts, as stated below- Contracts for provision of products and services- It is a foremost concern of the T&T
enterprises where they should hereby outlook a reasonable supply of basic amenities to
the consumers with abundant care and proficiency. Contracts for supply of specialised services- It is yet another need base stipulation
where the tour establishments should hereby tend to fulfil any of their additive
inclusion of services as per the mentioned clauses of their contractual agreement
(Steinbrook, 2002).
 Contracts for holiday packages- It is with a special reference to any holiday packages
that has been introduced by the T&T organisations and are being accepted by the
travellers as per its distinct terms and conditions explicated below-
◦ The agreed consideration of the individuals who have accepted the holiday contract.
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◦ Descriptive stipulation of the holidays via different means of advertisement like
brochures, events or their own official websites, etc.
◦ Name and set venue of the hotel as a way of acknowledging the accommodation
means to the audiences.
◦ Date and time of check-ins and check-outs, etc., along with the nature and type of
meals that will be provided to the travellers.
B)
This section is to determine an apt legitimate orientation in reflection to interpret the
afflicted regulations of consumer protection in the sector of travel and tourism where it is hereby
on the basis of two undertaken case scripts. Into which, both the clients in each of the cases have
agreed to a holiday contract proposed by the T&T ventures in association to the secondary case.
Wherein, it has clearly depicted a discontented sense of the travellers where their respective
organisation has failed to fulfil the agreed clauses of their contract (Trevena, Irwig and Barratt,
2006). The consumer protection law is specifically framed to protect such consumers who have
dealt with some sort of violated rules in their agreed set of contracts. Under this enactment, the
clients can refer to take legal action against the company who has made them suffer such
breached consequences. In addition to which, this legal clause together refers to defend those
who get into the business of purchasing commodities, etc. In context to which, there exists
distinct set of consumer protection enactments, as explicated below- Consumer protection act 1987- This enactment is specifically designed with a major
concern of protecting the consumers from any unfair practices of the business
organisations where they acquire some definite rights while dealing with them. In
context to which, this act tends to involve some vital issues that are related to any
fraudulent measures. This also tends to define the factual liability of the products along
with some other concentrated activities of the business. With an analogous reference to
it, this particular act tends to defend the clients by stringently restricting the
manufactures to produce insecure goods and the suppliers to provision the same.
Moreover, as per this law, the manufacturers and suppliers are entirely responsible to
supply defective products where the local councils are hereby permitted to seize such
unsafe commodities.
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 Trade description act 1968- This enactment has referred to replace the Merchandise
marks act of 1887 where in the year 1953, it has come up with some newer set of
provisions that is to strictly prohibit any unfair practices of trade. It was mainly in
context to the determined price level of the commodities considering any misguiding
information about the cost and other description of the products. With reference to
which, the trade will hereby need to suffer due to any such offensive activity under this
act that could together impose some major penalties upon them. Both these acts were
later replaced by the consumer protection act that has basically referred to amalgamate
their united deliberations (Tourism to lose billions over new travel laws, 2014). On
whose basis, the newer set of regulations were enforced on 11th may 2005 with a prime
adoption of partial commercial directive by imposing a mandate duty upon the traders
to commercialise in a fair manner. This newer set of law has together impacted upon 20
more legal clauses based upon the conjuncted measures of consumer protection that
has came into existence on 26th may 2008. Some major changes that took place in it
were the defined CPR to outline the consumers that has also included the individuals
who are referring to supply their own private usage and consumption.
This is to discourse upon the effect of consumer protection act on the sector of travel and
tourism where the mislead structure of pricing has pealed this act where the traders were strictly
commanded to maintain the stipulated code of practice. However, they has revoked the price
indication in context to the payment methods and marking from the commodities like food and
drinks, etc. As a result to which, there existed some vital measures of consumer protection on
travel and tourism industries. It is where the product price should be advertised in a correct
manner with inclusive taxes in it. It is also in case of any cheque or card payment by the client,
the imposed charges in such case should be clearly specified to them. Furthermore, the room
charges as per its nature and type should be precisely displayed in the front office department by
together depicting any other additions or exclusions in it.
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